Understanding the Zimbabwe Media Commission

Mirian Tose Majome

THIS is the first in a series of articles that discuss and explain the work of the Zimbabwe Media Commission (ZMC).

It will also discuss the work of other commissions established under Chapter 12 of the Constitution, namely, the Human Rights Commission (HRC), the National Peace and Reconciliation Commission (NPRC), the Gender Commission and the Zimbabwe Election Commission (ZEC).

Other commissions not established in terms of Chapter 12 will also be discussed, because all commissions have a common denominator, which is to serve the greater public good.

The discussions will be detailed but simple and easy to follow.

It is hoped this will stimulate public interest in constitutional resources and institutions, to promote active citizen engagement, enjoyment of rights and acceptance of responsibilities.

With regard to the ZMC, this column will discuss the role of the media, media products and laws in the economy and society.  The ZMC is established in terms of Section 248 of our supreme charter.

It has 10 broad functions — which can be summed up as the safeguarding, promotion and protection of the rights provided in Chapter 61 and Chapter 62 of the same constitution.

These are freedom of expression, freedom of the media and right of access to information.

The commission is tasked with promoting and enforcing good practices and ethics in the media.

Media practitioners are encouraged to formulate codes of conduct for themselves so that they can regulate their own professional conduct and ethics.

The commission has no mandate or appetite to dictate and control the media industry in Zimbabwe.

That would go against the commission’s role and spirit of helping to develop a truly independent and free media.

The commission’s duty is to ensure that the media space is free and fair for all practitioners and consumers of media products.

The commission has to ensure that media products and conduct of media practitioners are of good quality and in keeping with global media practices.

The commission administers three Acts that were enacted when the Access to Information and Protection of Privacy Act (AIPPA) was repealed in 2020.

These legal instruments endow the commission with the legal capacity to oversee the media industry.

Currently, the Zimbabwe Media Commission Act and the Freedom of Information Act are in place.

A third instrument, provisionally named the Media Practitioners Bill, is under development.

It will provide for the regulation of the media industry by attending to issues of registration, accreditation and the conduct of media practitioners.

It will also cater for the receipt and handling of complaints from the public and how to proceed when media practitioners breach the law and professional ethics.

The Freedom of Information Act gives people the right to access information held by the State and public bodies.

Private institutions are not exempt as they can also be compelled to release information if it is required for the protection of a certain right.

The ZMC is mandated to ensure that Zimbabweans and everyone with a legitimate right to information has fair and wide access to the information they need.

When it was enacted, the Freedom of Information Act was well-received in the media industry because it was seen as heralding a new era of transparency regarding public information.

Its predecessor, AIPPA, had long been loathed for reportedly quashing media freedoms and protecting opaqueness of public information.

Freedom of expression and access to information are key citizens’ rights, so it is essential to actively protect them.

Information is one of the most valuable currencies of the 21st century, but it needs to be accessed in order to unlock that value.

Unreasonably withholding public information is unlawful. The importance and centrality of access to information cannot be overemphasised.

ZMC commissioners were appointed in October 2020 and their terms expire in 2025.

There are nine members comprising four women and five men as gender balance is a requirement for all constitutional commission appointments.

The chairperson works full-time at the commission offices.

There is a secretariat that sees to the day-to-day running of the commission at the head office — Number 108 Swan Drive, Alexandra Park, Harare.

The executive secretary is Mr Godwin Phiri, a seasoned media practitioner/manager who replaced Dr Tafataona Mahoso, when he retired in 2022.

The Committee on Standing Rules and Orders of Parliament administers the selection of all constitutional commissioners.

The President appoints commissioners from a list of at least 12 nominees submitted by the committee after public interviews.

Members of the ZMC are appointed for their integrity and competence in administration.

Their knowledge and understanding of human rights issues and best practices in media matters are required traits.

Miriam Tose Majome is a ZMC commissioner